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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118175
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Iam help in regards ***** ***** current order of 50/50 visitation that has been placed bet

Customer Question

Iam help in regards ***** ***** current order of 50/50 visitation that has been placed between myself and my daughter's dad. I'am concerned of her well-being, safety and events that surround her. I dont quite understand how 50/50 visitation is granted if one parent is not working and or is completely unemployed. How can she be taken care of? Is she being fed properly? Another concern is the other parent had a dui in the past and did have his license taken away. Is it suspended why was he not forced to show proof or assurance in court? The other parent did drive with my daughter in the car while drinking a beer.. Can this be overlooked in court simply because its his word against mines? Isnt this a concern? How can a person still be given 50/50 visitation without assurance of well-being of my daughter with other parent?
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
This is frequently a concern of one parent in these situations, mainly because the parent is afraid to have the child outside of their supervision in many cases. Just because someone is unemployed or even disabled does not mean they cannot be a good parent and take care of a child. So in order to have a case to stop shared custody (50/50 custody), you have to prove by clear and convincing evidence that the other parent cannot properly provide for the child or is not feeding the child as you claim. The fact the parent is endangering the child if they are driving while drinking is a basis for the court to take the 50/50 custody away and you would have to prove that in court with evidence. That is the biggest concern is him engaging in acts that could cause danger to the child and if you present evidence of that the court will not ignore it.
So you bear the burden of presenting the evidence to the court of this conduct and if the court finds the evidence clear and convincing, then they will change the 50/50 custody, but that does not mean they will not still give the parent visitation rights. If there is a substance abuse issue, then you can ask the court for testing as well so the court can satisfy itself that the parent is not endangering the child by their abuse problems.